Jackson v. Ivory ( 2003 )

Annabelle Clinton Imber, Justice,

concurring. I agree with the majority that the circuit court erred in granting summary judgment; however, I conclude that Jackson failed to preserve his estoppel argument for appeal. The majority concludes that by granting summary judgment in favor of appellees, the trial court effectively ruled on Jackson’s estoppel argument. It is well settled that to preserve an argument for appeal, the appellant must obtain a ruling below. Arkansas State Racing Comm’n v. Ward, Inc., 346 Ark. 371, 57 S.W.3d 198 (2001). The circuit court did not rule on Jackson’s estoppel argument. Thus, the argument has not been preserved for appellate review.